HomeMy WebLinkAbout02-18-11PETITION FCIR PROBATE AND GRANT OF LETTERS
REGISTER OF WII.,LS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of ~y E. Sherman File Number ~ I ~ I I ~ ~t~~
also known as
Deceased Social Security Number 204280364
Thomas R. Sherman
Petitioner(s), who is/aze 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
X^ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / aze the eXeCUtOr named in the
last Will of the Decedent dated 8/20/2007 and codicil(s) dated
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time
of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g):
none
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante mtnoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last princit>~estdence at ~~ ~~
(List street address, town/city, township, county, state, zip code)
Decedent, then 73 yeazs of age, died on 2/5/2011 at 6 Ocker Lane
Shiooensbura Southampton Township Cumberland Countv PA 17257
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 15.000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 80.000.00
6 Ocker Lane, Shippensburg, Southampton Towship, Cumberland County, PA
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Signature Typed or printed name and residence
~-~' Thomas R. Sherman 11520 Cumberland Highway
rrstown PA 17244
Form RW-02 rev. 10.13.06 Page 1 Of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
~~
before me the day of
February 2011
r the Register
Signature of Personal Representative Thomas R. Sherman
Signature of Personal Representative ~
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Signature of Personal Representative
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File Number: A ~
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Estate of ~y E. Sherman ,Deceased
Social Security Number: 204280364 Date of Death: 2~5l2011
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AND NOW, February X15 , 2011 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Thomas R. Sherman
in the above estate
and that the instrument(s) dated August 20. 2007
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ............................. $ 210.00
Short Certificate(s) • • • • • • • • • • • • $ 20.00
Renunciation(s) •••••••••••••••• $
JCS fee .... $ 23.50
automation fee .... $ 5.00
will .... $ 15.00
.... $
.... $
.... $
.... $
.... $
.... $
TOTAL ............................. $ 273.50
Attorney Signature:
Address: 14 North Main Street. Suite 200
Chambersburg
PA 17201
Telephone:
Form RW-02 rev. 10.13.06 Page 2 of 2
Supreme Court I.D. No.: 17516
105.805 REV (01/07) ~~ - ~~ v ~~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 17262562
Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for anent filing.
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Local Registrar Date Issued
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I, ROY E. SHERMAN having my legal residence at 6 Ockler Lane, Shippensburg, PA
17257, Cumberland County, Commonwealth of Pennsylvania, do hereby declare this to be my
Last Will and Testament, revoking all other Wills and Codicils heretofore made by me.
I declare that I am not married and that I have the following children born to me; Robbin L.
Sherman, Thomas R. Sherman, Timothy S. Sherman, Rhonda S. Wright and Tammy J. Sherman.
ITEM ONE: I direct that all my valid debts and the expenses of my last illness and
funeral be paid from my estate as soon as practicable after my death.
ITEM TWO: I give all of my tangible personal property to my son, THOMAS R.
SHERMAN, my daughter, RHONDA S. SHERMAN and my daughter, TAMMY J. SHERMAN,
as follows:
A. A11 items of tangible personal property shall be inventoried and valued at a fair
market value.
B. I may leave a Memorandum listing some of the items of my tangible personal
property which I wish certain persons to have and request that my wishes as set forth
in the memorandum be observed by my Personal Representative. Any items of
tangible personal property not so designated shall be divided and distributed among
my children as follows:
381628-1 1
C. Each of my above designated children may select one item, in rotation, in order
determined by lot, until such time at which the items chosen by that child reach such
child's proportionate share of the total value of my estate under Item Three, below, or
until such time as the child wishes to make no further selections.
D. Any items not selected shall be sold and the net proceeds added to the residue of my
estate.
E. To the extent that my children and stepchildren are unable to agree, the decision as to
what may constitute "one item" for purposes of this selection shall be made by my
Personal Representative(s).
F. Any disputes concerning this method of allocation shall be resolved by my Personal
Representative in my Personal Representative's sole discretion.
G. To the extent my Personal Representative is unable to resolve a dispute among two or
more of my heirs concerning the in-kind distribution of any of my personal property, I
direct my Personal Representative to sell the disputed property and the net proceeds
there from added to the residue of my estate.
ITEM THREE: I give all the residue of my estate, of whatsoever nature and
wheresoever situate, to my children as follows: to my son, THOMAS R. SHERMAN, I give
FORTY (40%) of the residue per stirpes, and to my daughter, TAMMY J. SHERMAN, I give
FORTY (40%) of the residue per stirpes, and to my daughter, RHONDA S. SHERMAN, I give
TWENTY (20%) PERCENT of the residue per stirpes.
ITEM FOUR: I have not provided for my daughter, ROBBIN L. SHERMAN or my
son, TIMOTHY S. SHERMAN, or their issue, as beneficiary(ies) under this my Last Will, for
reasons that are good and sufficient to me. It is my express desire that ROBBIN L. SHERMAN,
TIMOTHY S. SHERMAN, or their issue, receive no portion of my estate whether passing under
this my Last Will, or by intestacy or by any other means, unless and until I change this my Will to
specifically include them.
381628-1 2
ITEM FIVE: Should any beneficiary of mine be under the age of twenty-five (25)
years, my Personal Representative shall hold such beneficiary's share of my estate, as Trustee, IN
TRUST and shall invest, reinvest and distribute the principal and net income of such
beneficiary's share as follows:
A. Until such beneficiary attains the age of twenty-five (25) years, my Trustee, in my
Trustee's sole but reasonable discretion, may pay or apply the income and any or all of
the principal of such beneficiary's share for the health, maintenance, support and
education of such beneficiary considering all other sources of income available to such
beneficiary and known to my Trustee. Upon such beneficiary attaining the age of
twenty-five (25) years, my Trustee shall distribute the balance of the principal and
accumulated income, if any, of each such beneficiary's share to such beneficiary.
B. Should the principal of the Trust Estate, in the sole opinion of my Trustee, be or become
too small to warrant placing or continuing of such fiord in trust or should its
administration be or become impractical for any other reason, my Trustee, in the
exercise of their sole discretion, may pay such share absolutely to the person maintain-
ing such beneficiary or may place such shares in the beneficiary's name in an interest-
bearing deposit in any bank, bank and trust company or national banking association of
his choosing, payable to the beneficiary at majority, or if said beneficiary has reached
his or her majority, then to him or her directly.
C. All shares of principal and income hereby given shall be free from anticipation,
assignment, pledge or obligation of my beneficiary(s), and shall not be subject to any
execution or attachment.
ITEM SIX: Iappoint my son, THOMAS R. SHERMAN, Personal Representative
of this my Will. In the event THOMAS R. SHERMAN is unable or unwilling to act or continue
to act as my Personal Representative, Iappoint my daughter, TAMMY J. SHERMAN, my
Personal Representative. In the event TAMMY J. SHERMAN is unable or unwilling to act or
continue to act as my Personal Representative, Iappoint my daughter, RHONDA S. SHERMAN,
381628-1 3
my Personal Representative. I give to my said Personal Representative(s) the same powers as are
hereinafter given to my Trustee. Such powers shall be in addition to those conferred by law.
ITEM SEVEN: No bond shall be required of any fiduciary hereunder in any jurisdiction.
No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good
faith.
ITEM EIGHT: I authorize my Personal Representative and Trustee to exercise the
following powers in addition to those given by la~v, to be exercised in their sole discretion:
A. To retain any or all of the assets of my estate, without regard to any principle of
diversification, risk or productivity;
B. To invest in all forms of property without restriction to investments authorized for any
type of fiduciary;
C. To compromise any claim or controversy;
D. To loan money to or buy property from my estate;
E. To borrow money from any person, including any Executor or Trustee, and to mortgage
or pledge any real or personal property;
F. To sell at public or private sale, to exchange or to lease for any period of time, any real
or personal property, and to give options for sales, exchanges or leases, all for such
prices and upon such terms and conditions as they deem proper;
G. To allocate receipts and expenses to principal or income or partly to each as they deem
proper;
H. To repair, alter or improve any real or personal property;
I. To distribute in cash or in kind or partly in each at valuations fixed by them;
J. To keep reasonable amounts of cash in a bank uninvested if deemed advisable for the
protection of the principal;
K. To subscribe for or to exercise options for stocks, bonds or other investments; to join in
any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting
trust and to deposit securities thereunder, and to generally exercise all the rights of
security holders or employees of any corporation;
L. To register securities in the name of a nominee or in such manner that title shall pass by
delivery;
M. To add to the principal of any trust created by this instrument any real or personal
property received from any person by Deed, Will or in any other manner;
N. To exercise all power, authority and discretion given by this instrument after the
termination of any trust created herein until the same is fully distributed;
O. To use their sole discretion in deciding whether stock dividends on stock they hold in
trust should be apportioned to principal or income, except stock dividends of regulated
investment companies which shall be added to principal;
381628-1 4
P. To commingle the assets of any trust estate created by this Will in any one or more
common funds for greater convenience and flexibility;
Q. To employ agents, accountants, engineers and such other persons, professional or
otherwise, as maybe necessary for the proper administration of this estate or trust and to
pay their compensation from such funds; and
R. To disclaim all or any interest in a property passing to me or my estate.
ITEM NINE: I realize that Personal Representatives are given discretion by law to
make various elections which affect the income and estate taxes payable by estates and
beneficiaries, as well as the relative shares of beneficiaries, such as taking administration
expenses as deductions. for either estate or income tax purposes, selecting options for the
payment of employee death benefits, electing to take a qualified terminable interest as part of the
marital deduction, selecting alternate valuation dates, postponing the payment of taxes, filing
joint income tax or gift tax returns and redeeming corporate stock. The decisions made by my
fiduciaries in any of these matters shall be binding upon, and not subject to question by, any
affected persons. I rely upon my fiduciaries to take into consideration the total income and estate
taxes payable by reason of their decisions including those payable by my survivors, and they are
authorized in their discretion, but not required, to make adjustments between income and
principal as a result thereof.
ITEM TEN: I direct that all estate, inheritance and other taxes in the nature thereof,
together with any interest and penalties thereon, becoming payable because of my death with
respect to the property constituting my gross estate for death tax purposes, whether or not such
property passes under this my Last Will and Testament, shall be paid from the principal of my
residuary estate, and no person receiving or having a beneficial interest in any such property,
whether under this my Last Will and Testament or otherwise, shall at any time be required to
contribute to or refund any part thereof; PROVIDED, however, that this direction shall not apply
to the taxes on any property included in my estate solely because of a power of appointment
thereover which I possess but have not exercised or on any qualified terminable interest or to any
generation- skipping transfer taxes.
381628-i 5
ITEM ELEVEN: If any beneficiary, person or entity in any manner, directly or
indirectly, contests or attacks this Will or any of its provisions, or objects to the accounts or actions
of my fiduciaries, without probable cause, such beneficiary, person or entity shall pay all costs,
including but not limited to attorneys fees, arising in connection with such contest, attack or
objection incurred by my estate, such trust or such fiduciary personally. In the event that such
beneficiary, person or entity does not prevail in such action, any share or interest in my estate or
such trust which would otherwise pass to such beneficiary, person, entity or remainderman under
this Will shall be revoked and the property consisting of such share shall be disposed of in the
manner provided herein as if that contesting person or entity had predeceased be without surviving
issue.
ITEM TWELVE: Should any of the provisions of my Will be for any reason
declared invalid, such invalidity shall not affect any of the other provisions of this Will and all
invalid provisions shall be wholly disregarded in interpreting this Will.
ITEM THIRTEEN: This Will shall be construed, regulated and governed by and in
accordance with the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have at Shippensburg, Pennsylvania, on August 20, 2007,
set my hand and seal to this my Last Will and Testament consisting of six (6) pages plus the
Affidavit and Certification pages.
" ~ SEAL
RO . SHERMAN
381628-1 6
SIGNED, SEALED, PUBLISHED AND DECLARED BY ROY E. SHERMAN, the above
named Testator, as and for his Last Will and Testament, in the presence of us, who, at his request
and in his presence, and in the presence of each other, have hereunto subscribed our names as
witnesses.
381628-1 ~
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ddress
Address
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
We, ROY E. SHERMAN,
and '"--` ,the Testator and the witnesses
respectively, whose names are signed to the attached or foregoing instrument, being first duly
sworn, do hereby declare to the undersigned authority that the Testator signed and executed the
instrument as his Last Will and Testament that he had signed willingly (or willingly directed
another to sign for him), and that he executed it as his free and voluntary act for the purposes
therein expressed, and that each of the witnesses, in the presence and hearing of the Testator,
signed the Will as witness and that to the best of their knowledge the Testator was at that time
eighteen years of age or older, of sound mind and under no constraints or undue influence.
WITNESS
Subscribed, sworn to and acknowledged before me by ROY E. SHERMAN, the
Testator and the witnesses, on August 20, 2007.
381628-1 g
CERTIFICATION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
. SS:
On August 20, 2007, before me the undersigned officer, personally appeared Robert
P. Grubb, Esquire (Pennsylvania Supreme Court ID No. 76057), known to me or satisfactorily
proven to be a member of the bar of the highest court of Pennsylvania and certified that:
1. He was personally present when the foregoing acknowledgment and affidavit were
signed by the Testator, ROY E. SHERMAN and the witness(es); and
2. He was one of the witnesses whose names are signed to the attached or foregoing
instrument, and that being duty qualified according to law, did depose and say that
he was present and saw ROY E. SHERMAN, the Testator, sign and execute the
instrument as his Last Will; that the Testator signed willingly and executed it as his
free and voluntary act for the purposes therein expressed; that each subscribing
witness in the hearing and sight of the Testator signed the will as a witness; and that
to the best of his knowledge the Testator was at that time 18 or more years of age, of
sound mind and under no constraint or undue influence.
IN WITNESS HEREOF, I hereunto set me hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
CAROL A. LYTER, Notary Public
City of Harrisburg, Dauphin County
MY Cornmisswn Expires Dec. 28, 2008
381628-1
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This informal letter of instruction to my family and Personal Representative serves to
convey my personal wishes concerning distribution of selected personal effects. In any situation
where the provisions of this letter may be deemed to be inconsistent with or contrary to the terms
of my Will, or other formal Estate Planning Documents, it is my desire and intent that the
provisions of my Will and other formal Estate Planning instruments shall govern and be
controlling since I do not intend that this letter shall serve in any respect as a Will nor shall the
terms of this letter override the provisions of a Will or a Trust executed by me whether it was
signed prior or subsequent to the date of this letter.
Distribution of Personal Property
Description of Property Beneficiary
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
381628-1 1
Description of Property
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Beneficiary
25.
25.
Other Directions To My Family:
381628-1 2